Citation Nr: 0430370
Decision Date: 11/16/04 Archive Date: 11/29/04
DOCKET NO. 03-15 949 ) DATE
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On appeal from the
Department of Veterans Affairs Regional Office in Atlanta,
Georgia
THE ISSUES
1. Entitlement to service connection for a left hip
disability.
2. Entitlement to service connection for a left knee
disability.
3. Entitlement to service connection for a left ankle
disability.
REPRESENTATION
Appellant represented by: Georgia Department of Veterans
Services
ATTORNEY FOR THE BOARD
Milo H. Hawley, Counsel
INTRODUCTION
The veteran had active service from January 1957 to December
1957.
This matter comes before the Board of Veterans' Appeals
(Board) on appeal from a July 2002 decision of the Department
of Veteran's Affairs (VA) Regional Office (RO) in Atlanta,
Georgia.
The appeal is REMANDED to the RO via the Appeals Management
Center (AMC), in Washington, DC. VA will notify you if
further action is required on your part.
REMAND
The veteran's substantive appeal, VA Form 9, indicates a
desire to have a hearing before the Board at the RO.
Although the VA Form 8 indicates that there is a pending
travel board, the record does not indicated that such hearing
has been held or that the veteran has ever been notified of a
travel board hearing.
Accordingly the case is REMANDED for the following:
Please schedule the veteran for a
personal hearing before a member of the
Board to be held at the RO. A copy of
the notice to the veteran of the
scheduled hearing, reflecting that the
notice was mailed to his correct address,
should be placed in the record. After
the hearing is conducted, the case should
be returned to the Board, in accordance
with appellate procedures.
The Board intimates no opinion as to the ultimate outcome of
this case. The veteran need take no action unless otherwise
notified.
The appellant has the right to submit additional evidence and
argument on the matter or matters the Board has remanded.
Kutscherousky v. West, 12 Vet. App. 369 (1999).
This claim must be afforded expeditious treatment. The law
requires that all claims that are remanded by the Board of
Veterans' Appeals or by the United States Court of Appeals
for Veterans Claims for additional development or other
appropriate action must be handled in an expeditious manner.
See The Veterans Benefits Act of 2003, Pub. L. No. 108-183, §
707(a), (b), 117 Stat. 2651 (2003) (to be codified at 38
U.S.C. §§ 5109B, 7112).
_________________________________________________
C. P. RUSSELL
Veterans Law Judge, Board of Veterans' Appeals
Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Appeals for Veterans Claims. This remand is in the
nature of a preliminary order and does not constitute a
decision of the Board on the merits of your appeal.
38 C.F.R. § 20.1100(b) (2004).